Premise care vizează justificarea incriminării infracțiunii de organizare a migrației ilegale [Articol]

Abstract

It is correct that the rules for qualifying a criminal deed within the limits of the criminal normative are to respect certain justifying premises: either the need to provide certain new, sufficiently widespread forms of prejudicial behavior, within the limits of criminal liability; or the need to mitigate criminal liability for certain crimes by creating special rules; or the need to tighten criminal liability for certain crimes, creating special rules. It is clearly observed that the legislator from the Republic of Moldova did not rely on such justifying premises at the stage of enforcing the article 3621 of the Criminal Code of the Republic of Moldova. This last fact results mainly from the reality of analyzing the limits of the criminal sanction for the crime of illegal crossing of the state border and the organization of illegal migration, being, tacitly, attested an equal prejudicial degree of the incriminated crimes. However, neither at the initial stage (after the adoption of the rule) nor at this stage, the delimitation between the crime of illegal crossing of the state border and the crime of organizing illegal migration is not clearly justified. If the rules provide for the same sanction limits, the matters of legally qualifying the crime are much more obvious, without making a clear and normative distinction between the general rule and the special rule.